The Supreme Court, in a special 

En Banc session held on Friday, issued a writ

of kalikasan to protect, preserve, rehabilitate, and to restore the marine
environment in Scarborough Shoal (also known as Panatag Shoal), Ayungin
Shoal, and Panganiban Reef (also known as Mischief Reef).

The Court granted the prayer for the issuance of a writ of kalikasan by
petitioners Monico A. Abogado, et al. to prevent violations of Philippine
environmental laws in the Philippine Waters and in the Philippine Exclusive
Economic Zone (EEZ) in the above areas. The petitioners are members of the
Kalayaan Palawan Farmers and Fisherfolk Association who are members of
the fisherfolk community in the Municipality of Kalayaan, Province of Palawan,
while the others are residents of Sitio Kinabukasa, Cawag, Zambales.

Named as respondents are the Department of Environment and Natural

Resources, represented by Sec. Roy A. Cimatu; Department of Agriculture,
represented by Sec. Emmanuel Piñol; Bureau of Fisheries and Aquatic
Resources, represented by National Director Eduardo B. Gongona; Philippine
Navy, represented by Flag Officer in Command Vadm Robert Empdrad;
Philippine Coast Guard, represented by Commandant Admiral Elson E.
Hermogino; Philippine National Police, represented by PNP Chief PDG Oscar
Albayalde; PNP Maritime Group, represented by PCSupt. Rodelio B. Jocson,
and Department of Justice, represented by Sec. Menardo I. Guevarra.

Petitioners alleged that the government’s inaction of as to the activities of the

Chinese in the contested areas of the West Philippine Sea were in violation  of
theConvention on International Trade in Endangered Species of Wild Flora
and Fauna, the Philippine Fisheries Code, and Presidential Decree No. 1586,
or Establishing the Environmental Impact Statement System in the
Philippines.

Panatag Shoal is located in the Municipality of Masinloc, Province of

Zambales, while Ayungin Shoal and Panganiban Reef are located in the
Municipality of Kalayaan, Province of Palawan.

The petitioners cited the July 12, 2016 ruling of the Permanent Court of
Arbitration (Arbitral Tribunal), which issued in the China Sea Arbitration
proceedings initiated by the Republic of the Philippines the Arbitral Award
finding that the Ayungin Shoal and the Panganiban Reef were within the
country’s EEZ. It found that while Panatag Shoal within 200 nautical miles
from the Philippines’ baseline, it was the subject of a conflicting claim by
China and the country, hence, it cannot categorically be declared as part of
EEZ. The Arbitral Tribunal also found, among others, that fishermen from
Chinese flagged vessels have engaged in the harvesting of endangered
species on a significant scale and in the harvesting of giant clams in a manner
that is severely destructive of the coral reef ecosystem. Likewise, the Tribunal
found that China’s land reclamation and construction of artificial islands,
installations, and structures at Mischief Reef has caused severe, irreparable
harm to the coral reef ecosystem. Likewise, the Tribunal noted that China has
engaged in gathering corals and clams around Ayungin Shoal, as well as
found that Chinese fisherfolk use cyanide and explosives in Panatag Shoal
and Ayungin Shoal. It likewise noted several instances when the same were
arrested by Philippine authorities for engaging in dynamite fishing around
Scarborough Shoal. It likewise found that the construction of artificial islands
in Panganiban Reef by Chinese have caused “devastatingly and long-lasting
damages to the marine environment.”